New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-01
NEW MOVE IN CLEARY'S CASE
WANTING JUDGE BARRETT AS A WITNESS.


A PLAN TO GET THE TRIAL BEFORE ANOTHER
IupGE CHECKEp-FIvE JURORS CHOSEN -,
-. Rsrrett,s courtroom was crowded with
.,.s,n.n and spectators yesterday morning. when ex
XId.rman Thomas Cleary, member OF oomo'ne
:. ,ssA was nut on trial. He came in accompanied
hTavver Ira Skater. Clesry's face was redder than
..ra, Dstrict- Attorney MARITIME with Assistants
N,col and Fellows, present in behalf OF the pros
IGNITION. Mr. Skater opened the proceedings with 2
graceful bow to the court which was oS H.
Shster said that associated with him in the defence OF
Cieary were John Vincent assistant distrctattor
Peter qnsyb snE rss not
fhe bsr OF this State and Mr. Skater moved that ne 20
adm tied to prae tce in the court The luoge sun Mr.
vonld afford him much pleasure to recognize a.. a..
Hunhsrtv in aav case before him. where"pon the
orator from the Friendly Cy rose b;cb
bowed low. He had on gIoT tinged his
fitted him perfectly, and healthy g'o" 'Ns'N
Mr. Skater then .id that during the pI0sresS wit; Z,
S;cs Rarrett to testify regarding his acton IN
M tIi Of lsS4 when judicial opinion ne n"e , s
:. wonld be a graceful thing tor the boara VI A "t
IL wouIu "4 tbe, ,esoiuiion OF August 3d. 1884,
.ho ,ecal;ty of which had been questioneo vi .'a'
occasion the judge had granted an a"9o in the
later On The ground that the road haa contracteo
to run it's oars upon interchange system ~nn '4e
81 The Judge several questions concerning his acton
At This time and the court could scarcely s Oh .ne
hencl and be on the witness stand at the same ne
and as Clear, had declared IN an am9asit .na' NC
safely proceed to trial without that testimony
Mr. Sbsfer asked tor sufficient delay to enable him
TO apply for another judge.
Just,ce Barrett smiled rather grimly -
Mr. Shater read the affidavit of Cesry which recited
tnn facts with relation Judge Burretts action and
gave running account OF the passage OF inc iran,
chise its Veto its repassase, COrporatloD Coups1i
Lacombes opinion of it's il egatv and th' othtr weli
known circumstances attending the Accomplishment o
the Broadway Railways project Lndn nc r snd
authorities claimed to bear upon us aPP'i'"'' ''
Gle sed by renewing H. IT. s;oa .bot q
Mr. Nicoll opposed the notion no deni1 ~ o"ms 49, !"
iuoges evidence could be necessary wnen ,neae w h
cber competent witnesses to the facts sought 10 oe
Urnvad nv the iudge There were at least two eucn
Witnesses, MIR. Bright and Mr.. Lacombe Mr.. Bright
had given such Evidence ON the second trlai Vi no
On.Se Mr.. Ncoll cited authorities to support bis
position Mr.. Shaier said he did not eesIe W "sh
ndpe Barrett as the facts but as to his reasons or
what he did.
The Jua4e-Is your position. Mr. shafer that must
,aaTs tie bsnch. and not pass on these qurstonsf
Mr. Shafer-Not Mt all; only we MAINTAIN .nSt your
Honor cannot pass upon tho necessity 10 US OF your
Honor's evidence.
Mr. Nicoll read the evidence Of Mr.. Bright In the
former trials to which Mt shaer 9pJsctth . ,Ee
defenee would considerably give him the power ne
Noud take the liberty OF oyer-ruling their obJecnon
Then he continued:
indirect but none the less effective method OF peremp
ry chaeogns ndre 40 NOT srsmpor I" chal
isnsins jud. 20" because while the counsel rs MOI
that to ss Gs
t0Sr d.nperons precedent 1t would give 20 the d"ien
AMI van tage ground from which he c"uld practically
ss,acr his own Judge by making anida'it a. 10 the
alleged necessity Of PRECEDING JUICES evidence upon
some point another Even II surn an snoa h t
entirely untrue, yet by sipl y suon.. h hnn6 Ts
he would be compelled 10 rerr IRON tno ue INV nov
application might % 50 ounu ~ !! and vet II might be
Jury could not .eS ntsmen engaged IN t6s defence
ra me that nv evidence l.. III their Judgment neces-
ssTy and accept their settlement as to tGeiI opinion
"a wrll-e established principle OF criminal proce ure
that Judge caLno5 10 caiird upon 10 Hs.y 81, ,,no
Official capacity. u as cuteH 10 "n a. e. doe
he may give lt out ne cn t snoh dit,cton no those
sm ,Scs sho ia seek to obtain tue evidence
t ,as ytinns 70 airrei facs not maitr of record
1nase perenns W mnnn nv inincton order occurred
s nr, The sa;emrn IN this affidavit that
sutaons took place out OF court fails to describe what
vas .iscnssed Any indefinite document Of similar
character could be used. were 10 establish THIS rece
dent from the bench judge VINO was me on
1e OF the defendant oolecon a,,an,ion nov for
lar Una, tiS NJ aSienre WAS not deeurd OF necessity
IN" hts n" me a., The cases of Aldermen similarly ac
cnsaH TbsTe have bren already adjnurn ments IN
this cas-. and vet the reserved Vol Ills mover
and in ii prese nee OF tsesmen summoned to SIT NJ on
his case II woni have been rasI for counsel " IA
CONF &c me aud asked II could give oSIemee y nd
would inuIe 10 tner ehens ,,a neve, have advised
sh nt TO- DIR NV M such nm andavit a. the before
sner rrv. w. ~ Senied and counsr will proceed.
NV, cr Ia ;.h .ht o,;et dignity and decision
ms was slu I'I lie T}arre,t;s manner upon the
which Distinguish Jug nnas I;1h uas taken AZ
bench. After the noon Hcess. VIZ" III "a H. mn
this point the selection OF JURORS oetai anu VIZ ~;
usual spectacle WAS presented Oh ,hrec sucoI I
talesmen-the first three ealed-who were M'tnoui
opinions as TO the gu, OF . b 10Th sides sais
fnctorily, ana VINO %ere Gel" lanes r. warner an
;lsS ;I; dealer doinr business at No 2O2 Broad
vay and living in Morrisauia; Benno klopfer, a
corset dealer OF the firm OF NJ: CGhen oo NO oo2
6roadWav, hNihs ~ w % .,cI r., a,. i,v;no